Florida Statutes

Fla. Stat. § 90.607 (2025)

Competency of certain persons as witnesses.

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90.607 Competency of certain persons as witnesses.—

(1)(a) Except as provided in paragraph (b), the judge presiding at the trial of an action is not competent to testify as a witness in that trial. An objection is not necessary to preserve the point.

(b) By agreement of the parties, the trial judge may give evidence on a purely formal matter to facilitate the trial of the action.

(2)(a) A member of the jury is not competent to testify as a witness in a trial when he or she is sitting as a juror. If the juror is called to testify, the opposing party shall be given an opportunity to object out of the presence of the jury.

(b) Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 487, ch. 95-147.

Notes of Decisions

Cited in 47 cases (3 in the last 5 years), 1985–2024 · leading case: State v. Hamilton, 574 So. 2d 124 (Fla. 1991).

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State v. Hamilton, 574 So. 2d 124 (Fla. 1991). · cites it 14× “[8] § 90.607(2)(b), Fla. Stat. Ann. (1987) (Law Revision Council Note 1976).”

Baptist Hosp. of Miami, Inc. v. Maler, 579 So. 2d 97 (Fla. 1991). · cites it 6× “§ 90.607(2)(b), Fla. Stat. Ann. (1987) (Law Revision Council Note 1976).”

Marshall v. State, 854 So. 2d 1235 (Fla. 2003). · cites it 3× “1991); see also § 90.607(2)(b), Fla. Stat. (1999). [5] However, jurors may testify as to "overt acts which might have prejudicially affected the jury in reaching their own verdict.”

Johnson v. State, 593 So. 2d 206 (Fla. 1992). · cites it 4× “2d 392 (1988); accord § 90.607(2)(b), Fla. Stat. (1985). [5] This rule has also been applied in capital cases.”

Green v. State, 975 So. 2d 1090 (Fla. 2008). · cites it 2× “Green does not demonstrate how he can authenticate the writing allegedly written and signed by Tim Curtis recanting his former testimony that the man who made the slashing gesture was not on the jury. Curtis has invoked his Fifth Amendment privilege against self-incrimination,…”

Devoney v. State, 717 So. 2d 501 (Fla. 1998). · cites it 4× “" § 90.607(2)(b), Fla. Stat. (1993). Consistent with the foregoing rule, our courts have been vigilant in prohibiting inquiry into jury deliberations of matters necessarily arising out of the trial.”

Reaves v. State, 826 So. 2d 932 (Fla. 2002). · cites it 2× “[15] § 90.607(2)(b), Fla. Stat. (1999) ("Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment.”

Simpson v. State, 3 So. 3d 1135 (Fla. 2009). · cites it 2× “2d at 502 (quoting § 90.607(2)(b), Fla. Stat. (1993)). We conclude that the matters giving rise to juror Cody’s alleged recantation did inhere in the verdicts, and thus her verdicts were not impeachable.”

Keen v. State, 639 So. 2d 597 (Fla. 1994). · cites it 4× “We cannot say beyond a reasonable doubt that the article did not influence jurors in some way. In addition, the trial judge compounded the error when she questioned jurors about the article.”

Sireci v. State, 587 So. 2d 450 (Fla. 1991). · cites it 2× “§ 90.607(2)(b), Fla. Stat. (1989); State v.”

Wilding v. State, 674 So. 2d 114 (Fla. 1996). · cites it 2× “In denying the motion for mistrial, the trial court also relied on the fact that the jurors assured the court that concerns about Wilding having access to their personal information played no part in the verdict.”

Miles v. State, 839 So. 2d 814 (Fla. 4th DCA 2003). · cites it 2× “Overruling Miles' objection with respect to tainting of the jury Miles then argues he was entitled to a new trial, or at least a juror interview, when the jurors informed the court they feared retribution from Miles. "Upon an inquiry into the validity of a verdict or indictment,…”

Show all 47 citing cases →

— 90.607(1)(a) — 1 case

Perez-Sovias v. State, 95 So. 3d 327 (Fla. 3d DCA 2012).

— 90.607(2)(b) — 43 cases

State v. Hamilton, 574 So. 2d 124 (Fla. 1991). “[8] § 90.607(2)(b), Fla. Stat. Ann. (1987) (Law Revision Council Note 1976).”

Baptist Hosp. of Miami, Inc. v. Maler, 579 So. 2d 97 (Fla. 1991). “§ 90.607(2)(b), Fla. Stat. Ann. (1987) (Law Revision Council Note 1976).”

Marshall v. State, 854 So. 2d 1235 (Fla. 2003). “1991); see also § 90.607(2)(b), Fla. Stat. (1999). [5] However, jurors may testify as to "overt acts which might have prejudicially affected the jury in reaching their own verdict.”

Johnson v. State, 593 So. 2d 206 (Fla. 1992). “2d 392 (1988); accord § 90.607(2)(b), Fla. Stat. (1985). [5] This rule has also been applied in capital cases.”

Green v. State, 975 So. 2d 1090 (Fla. 2008). “Green does not demonstrate how he can authenticate the writing allegedly written and signed by Tim Curtis recanting his former testimony that the man who made the slashing gesture was not on the jury. Curtis has invoked his Fifth Amendment privilege against self-incrimination,…”

— 90.607(l)(a) — 1 case

Marcelin v. Denny's Restaurant, 648 So. 2d 834 (Fla. 1st DCA 1995).

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